Revised July 22, 2018
This Agreement governs the terms and conditions of your use of Red Apple Reading® and is between you ("you" or "your" or “customers” or "users") as an authorized user of such services, and Red Apple Reading®. "Red Apple Reading®" means the following: Red Apple Reading® Inc., a Montana Limited Liability Company (formerly Cherry Valley Educational Products, LLC, dba Red Apple Reading®).
This Agreement, together with any operating rules, policies, price schedules, or other supplemental documents expressly incorporated herein by reference and published by Red Apple Reading® (collectively, the "Agreement"), constitutes the entire agreement between Red Apple Reading® and you regarding the Red Apple Reading® services, and supersedes all prior agreements between the parties regarding the subject matter of this Agreement. For purposes of this Agreement, the services provided to you by the website known as Red Apple Reading®, are collectively referred to in this Agreement as the "Services".
PLEASE READ THESE TERMS AND CONDITIONS BEFORE USING THE SERVICES. DO NOT PURCHASE THE SERVICES, REGISTER FOR AN ACCOUNT, OR USE THE SERVICES IF YOU ARE NOT IN AGREEMENT WITH THESE TERMS. By using the Services of Red Apple Reading®, you confirm your acceptance of, and agree to be bound by, this Agreement.
Products and Services
Red Apple Reading® offers products and services on its website www.RedAppleReading.com, which includes online programs as well as apps with a host of instructional videos and activities to help young children learn to read in English. All features, content, specifications, products, and prices described or depicted are subject to change at any time without notice. Red Apple Reading® will make all reasonable efforts to accurately display the content and specifications of services and to notify customers of changes, however the accuracy of the services provided and display of the website may depend on your computer system, and Red Apple Reading® cannot guarantee that your computer will accurately display or operate the products and services described. The inclusion of any products or services at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to obey all applicable local, state, and international laws regarding the possession and use of any products or services purchased from the website. By using the products and services on this website, you represent that all products or services ordered (including apps) will be used in a lawful manner. All products and services are sold for private, home use or educational institution use only and may not be copied.
Customer Responsibilities and Representations
The services provided herein are for the benefit of paying customers only, unless Red Apple Reading® has provided you with a free account. By submitting your request for a subscription to Red Apple Reading® as an educator, you hereby certify that you are employed as an educator of children learning to read in accordance with the laws, rules, and regulations for your given state. We appreciate your assistance in enforcing and complying with these policies and look forward to continuing to make the Red Apple Reading® experience a positive one for you.
You represent and warrant that you are at least 18 years of age or, as applicable, the age of majority in the country, state and/or province in which you reside, and that you possess the legal right and ability to enter into this Agreement. You agree to be financially responsible for your use of the Services (as well as for use of your account by others, including minors living with you) and to comply with your responsibilities and obligations as stated in this Agreement.
The design of this website and all text, graphics, information, content, and other material displayed on or that can be downloaded from this website are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or with prior written permission of the owner of such material. The software, technology components, and contents of this website are © 2011-2018, Red Apple Reading® Inc., a Montana Limited Liability Company (formerly Cherry Valley Educational Products, LLC, dba Red Apple Reading®) or their respective affiliates and suppliers. All rights reserved. You may not modify the information or materials displayed on or that can be downloaded from this website in any way or reproduce or publicly display, perform, distribute or otherwise use any such information or materials for any public or commercial purpose.
Red Apple Reading® will use the email address provided by you to contact you regarding updates and support and may use your email address as one form of verification of your customer status. If you begin the sign-up process for the Services but fail to complete the process, Red Apple Reading® may contact you by email in an effort to help successfully guide you through this process. You hereby authorize Red Apple Reading® to make such contact, even if you ultimately determine not to sign up for the Services. If you provide your email on the Red Apple Reading® website, you authorize Red Apple Reading® to contact you about updates and promotions of the Services. Red Apple Reading® will NEVER give your email address to third parties or use your email address or information for outside marketing purposes.
Refund Policy and Money Back Guarantee
Red Apple Reading® wants you and your child(ren) to have a wonderful, positive, and risk-free experience using the Red Apple Reading® website and software. Red Apple Reading® stands behind its products and services 100% and guarantee your FULL SATISFACTION. If for any reason you are not 100% completely satisfied with your experience, please contact Red Apple Reading® by email at: email@example.com. Red Apple Reading® has excellent customer support and will try to help you resolve any issues. For a no-hassle refund please notify Red Apple Reading® within 30 days of your purchase via 1) email: firstname.lastname@example.org, or 2) the Contact Us page on the website. Red Apple Reading® will quickly issue you a FULL REFUND via the credit or debit card used to make your initial purchase on the Red Apple Reading website.
***Please note: Red Apple Reading® cannot issue refunds on discounted memberships purchased or obtained through other companies or websites. Refunds are subject to their terms and conditions.
Either you or Red Apple Reading® may terminate your Red Apple Reading® account at any time, with or without cause, upon notice. Any such notice by you to Red Apple Reading® must be in accordance with Red Apple Reading's verification procedures, as such procedures may be established and changed by Red Apple Reading® from time to time at its sole discretion, and which may include the requirement that you contact Red Apple Reading® by phone to confirm that any such notice was in fact sent by you. Red Apple Reading® also reserves the right to terminate or suspend your Red Apple Reading® account without prior notice, provided that Red Apple Reading® will attempt to confirm such termination or suspension by subsequent notice. Written notice is required for termination by you of your Red Apple Reading® account. Notice may be sent to the email: email@example.com, or by using the Contact Us page on the website.
Member Account Information, Communications, and Security
As part of the registration process, you will be required to provide an email address and select a password. Once you become a registered user, your registration information will be automatically sent to you by email. You may change your password after logging in to the Red Apple Reading® website. You are entirely responsible for failing to maintain the confidentiality of your username, password, and account information. Furthermore, you are entirely responsible for all activities that occur under your account. You agree to immediately notify Red Apple Reading® of any unauthorized use of your account or any other breach of security known to you.
Modifications to Customer Agreement
Red Apple Reading® may automatically amend this Agreement at any time by (a) posting a revised Red Apple Reading® Customer Agreement on the Red Apple Reading® website, and/or (b) sending information regarding the amendment to the email address you provide to Red Apple Reading®. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THE RED APPLE READING® WEBSITE TO OBTAIN TIMELY NOTICE OF SUCH AMENDMENTS. YOU SHALL BE DEEMED TO HAVE ACCEPTED SUCH AMENDMENTS BY CONTINUING TO USE RED APPLE READING® SERVICES AFTER SUCH AMENDMENTS HAVE BEEN POSTED OR INFORMATION REGARDING SUCH AMENDMENTS HAS BEEN SENT TO YOU. Otherwise, this Agreement may not be amended except in writing signed by both you and Red Apple Reading®.
Modifications to Services
Red Apple Reading® reserves the right to modify or discontinue any of the Services with or without notice to you. Red Apple Reading® shall not be liable to you or any third party should Red Apple Reading® exercise its right to modify or discontinue the Services.
Disclaimer of Warranties and Limits of Liability
Red Apple Reading® AND ALL Red Apple Reading® SOFTWARE AND SERVICES ARE PROVIDED "AS IS," AND NEITHER RED APPLE READING® NOR ANY OF ITS LICENSORS OR SERVICE PROVIDERS MAKES ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES TO YOU REGARDING THE USABILITY, CONDITION OR OPERATION THEREOF. RED APPLE READING® DOES NOT WARRANT THAT ACCESS TO OR USE OF RED APPLE READING® SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT RED APPLE READING® SOFTWARE OR SERVICES WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. RED APPLE READING® AND EACH OF ITS LICENSORS AND SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY OR ACCURACY.
YOUR USE OF RED APPLE READING® AND ALL RED APPLE READING® SOFTWARE AND SERVICES IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES OR OTHER MATERIAL (INCLUDING RED APPLE READING® SOFTWARE) OBTAINED EITHER DIRECTLY OR INDIRECTLY FROM RED APPLE READING®. YOU AGREE THAT NEITHER RED APPLE READING® NOR ANY OF ITS LICENSORS OR SERVICE PROVIDERS WILL BE LIABLE FOR DAMAGES (INCLUDING CONSEQUENTIAL OR SPECIAL DAMAGES) ARISING OUT OF YOUR USE OF OR INABILITY TO USE RED APPLE READING® OR ANY RED APPLE READING® SOFTWARE OR SERVICES, AND YOU HEREBY WAIVE ANY CLAIMS WITH RESPECT THERETO, WHETHER BASED ON CONTRACTUAL, TORT OR OTHER GROUNDS, EVEN IF RED APPLE READING® OR ANY SUCH LICENSOR OR SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THE ENTIRE LIABILITY OF RED APPLE READING® AND ITS LICENSORS AND SERVICE PROVIDERS AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE RED APPLE READING® SERVICES AND SOFTWARE OR ANY BREACH OF THIS AGREEMENT ARE LIMITED TO THE LESSER OF: (I) THE AMOUNT ACTUALLY PAID BY YOU FOR ACCESS TO AND USE OF THE RED APPLE READING® SERVICES IN THE THREE (3) MONTHS PRECEDING THE DATE OF YOUR CLAIM OR (II) U.S.$500.00. YOU HEREBY RELEASE RED APPLE READING® AND EACH OF ITS LICENSORS AND SERVICE PROVIDERS FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. SOME JURISDICTIONS DO NOT ALLOW IMPLIED WARRANTIES TO BE EXCLUDED OR MODIFIED OR LIABILITY TO BE LIMITED, SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO YOU.
NEITHER RED APPLE READING® NOR ANY OF ITS LICENSORS OR SERVICE PROVIDERS SHALL BE HELD RESPONSIBLE IN ANY WAY OR BY ANY MEANS, EITHER DIRECTLY OR INDIRECTLY, FOR ANY COMMUNICATIONS DIFFICULTIES OUTSIDE OF RED APPLE READING'S® OR ANY SUCH LICENSOR'S OR SERVICE PROVIDER'S CONTROL WHICH COULD LEAD TO THE INTERRUPTION OF DATA DELIVERY SERVICE TO THE CUSTOMER'S EMAIL ADDRESS, PAGER, TELEPHONE OR ANY OTHER RECEIVING DEVICES OR THIRD-PARTY DATA STORAGE AND/OR DELIVERY SERVICES.
YOU WILL NOT RELY ON ANY REPRESENTATION OR WARRANTY, EXPRESSED OR IMPLIED, MADE BY ANY PERSON OTHER THAN AN AUTHORIZED OFFICER OF RED APPLE READING®, IN EVALUATING THE RED APPLE READING® SERVICES AND/OR PRODUCTS OF RED APPLE READING®.
Payment for your Red Apple Reading® account is due immediately upon completion of the registration process and must be made by the credit or debit card designated by you for Red Apple Reading® use.
Should Red Apple Reading choose at a later date to modify its billing practices to a monthly fee, charges are to be paid on a monthly basis in the currency in which billed. If payment is not received by Red Apple Reading® from the issuer of your credit or debit card (or its agent or affiliate), you agree to pay all amounts due upon demand by Red Apple Reading®. Each time you use the Services, or allow or cause the Services to be used, you agree and reaffirm that Red Apple Reading® is authorized to charge your designated card. Your card issuer's agreement governs your use of your designated card in connection with Red Apple Reading®, and you must refer to such agreement (not this Agreement) with respect to your rights and liabilities as a cardholder. You agree that Red Apple Reading® may (at its option) accumulate charges incurred during your monthly billing cycle and submit them as one or more aggregate charges during or at the end of each cycle, and that Red Apple Reading® may delay obtaining authorization from your card issuer until submission of the accumulated charge(s). This means that accumulated charges may appear on the statement you receive from your card issuer.
You agree that Red Apple Reading® may submit charges for your monthly service fee (if applicable - there are no monthly service fees on 6 or 12 month accounts) designated at the time of purchase each month without further authorization from you, until you provide prior notice (in accordance with Red Apple Reading’s verification procedures, as may be established by Red Apple Reading® from time to time in its sole discretion) that you have terminated this authorization or wish to change your designated card. Such notice will not affect charges submitted before Red Apple Reading® reasonably could act on your notice. If you have any question regarding any charges that have been applied to your account, you must contact Red Apple Reading® Customer Service within 30 days of the charge date. Failure to use your account will not be deemed a basis for refusing to pay any charges submitted by Red Apple Reading® in accordance with this Agreement.
You must promptly notify Red Apple Reading® of changes to: (a) the account number or expiration date of your designated credit or debit card; and (b) your billing address (for the designated credit or debit card). You must also promptly notify Red Apple Reading® if your card is canceled (e.g., for loss or theft).
Red Apple Reading® reserves the right to suspend or terminate your Red Apple Reading® account without notice upon rejection of any credit or debit card charges or if your card issuer (or its agent or affiliate) seeks return of payments previously made to Red Apple Reading® when Red Apple Reading® believes you are liable for the charge. Such rights are in addition to and not in lieu of any other legal rights or remedies available to Red Apple Reading®.
All programs, services, processes, designs, software, technologies, trademarks, trade names, inventions, patents, and materials comprising the Service are wholly owned by Red Apple Reading® and/or its licensors and service providers except where expressly stated otherwise.
You agree to indemnify Red Apple Reading® and each of its licensors and service providers from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims based upon use of your Red Apple Reading® account, including any violation of this Agreement by you or any other person using your account, any claim of libel, defamation, violation of rights of privacy or publicity, any loss of service by other customers, any infringement of intellectual property or other rights of any third parties, and any violation of any laws or regulations prohibiting transmission of unsolicited faxes.
No Resale of Services
Your right to use the Services is personal to you. You agree not to resell the use of the Services.
Notices and Consent
Notices given by Red Apple Reading® to you will be given by email or by a general posting on the Red Apple Reading website. In any matter requiring Red Apple Reading’s prior consent, such consent will be considered given only if made in the foregoing manner by an authorized representative of Red Apple Reading®. Notices given by you to Red Apple Reading® must be given by email or by conventional mail (subject, however, to Red Apple Reading® verification procedures, as may be established by Red Apple Reading® from time to time in its sole discretion, and which may include the requirement that you contact Red Apple Reading® by phone to confirm that any such notice was in fact sent by you). Notices to Red Apple Reading® by conventional mail must be sent to Red Apple Reading, 1001 South Main St Suite 49, Kalispell MT 89901, U.S.A.
THE LAWS OF THE STATE OF MONTANA, U.S.A., EXCLUDING ITS CONFLICTS-OF-LAW RULES, GOVERN THIS AGREEMENT AND YOUR USE OF THE Red Apple Reading® SOFTWARE AND SERVICES. THE UN CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY DISCLAIMED. YOU EXPRESSLY AGREE THAT EXCLUSIVE JURISDICTION FOR ANY CLAIM OR DISPUTE ARISING FROM THE USE OF THE Red Apple Reading® SOFTWARE OR SERVICES RESIDES IN THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF MONTANA OR A SUPERIOR COURT FOR THE STATE OF MONTANA LOCATED IN LEWIS AND CLARK COUNTY. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Red Apple Reading’s failure to act with respect to a breach by you or others does not waive Red Apple Reading’s right to act with respect to subsequent or similar breaches. You may not assign or transfer this Agreement or any rights hereunder, and any attempt to the contrary is void. Red Apple Reading® shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond Red Apple Reading’s reasonable control. Parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors, although such technology may not be effective with regard to receipt of email messages as provided as part of the Services.
Under Montana Consumer Protection laws, Montana Customers are entitled to the following specific consumer rights information:
Pricing Information. Current rates for using the Service may be obtained on the website or by calling Customer Support. Red Apple Reading® reserves the right to change fees, surcharges, and monthly fees or to institute new fees at any time.
Complaints. The Office of Consumer Protection may be contacted in writing at 2225 11th Avenue, Helena, MT 59620-0151, or by telephone at 1-800-481-6896.